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FREEMAN v. CITY OF FAYETTEVILLE

Civil Action No. 1000.

971 F.Supp. 971 (1997)

William C. FREEMAN, et al. Plaintiffs, v. The CITY OF FAYETTEVILLE, et al. Defendants.

United States District Court, E.D. North Carolina, Western Division.

July 16, 1997.

Attorney(s) appearing for the Case

Geraldine Sumter, Ferguson, Stein, Wallas, Adkins, Gresham & Sumter, Charlotte, NC, for Plaintiffs.

Philip M. Van Hoy, Van Hoy, Reutlinger & Taylor, Charlotte, NC, for Defendants.

BRITT, District Judge.

This matter is before the court on the motion of defendants pursuant to Rules 60(b)(5) and (6) of the Federal Rules of Civil Procedure for relief from the judgment entered in this case and on the motion of plaintiffs for an extension of time to develop the factual record. These motions have been fully briefed and are now ripe for ruling.1

I. BACKGROUND

On 26 August 1974 a consent judgment ("judgment...

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